Bill Text: NY S00861 | 2013-2014 | General Assembly | Introduced


Bill Title: Relates to public hearings prior to fee or rate increases by the metropolitan transportation authority; requires hearings in each county where a fee or rate increase has an impact.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO TRANSPORTATION [S00861 Detail]

Download: New_York-2013-S00861-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          861
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN ACT to amend the public authorities law, in relation to the power  of
         the metropolitan transportation authority to increase rates and fees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 1266  of  the  public  authorities
    2  law,  as  amended by chapter 314 of the laws of 1981, is amended to read
    3  as follows:
    4    3. The authority may establish, levy and collect or cause to be estab-
    5  lished, levied and collected  and,  in  the  case  of  a  joint  service
    6  arrangement,  join with others in the establishment, levy and collection
    7  of such fares, tolls, rentals, rates, charges and other fees as  it  may
    8  deem necessary, convenient or desirable for the use and operation of any
    9  transportation  facility  and related services operated by the authority
   10  or by a subsidiary corporation of the authority or under contract, lease
   11  or other arrangement, including joint  service  arrangements,  with  the
   12  authority.  Any such fares, tolls, rentals, rates, charges or other fees
   13  for the transportation of passengers, THE PARKING OF  VEHICLES,  OR  ANY
   14  OTHER  SERVICE  IF  THE ESTABLISHMENT OF OR INCREASE IN CHARGES FOR SUCH
   15  OTHER SERVICE WOULD REPRESENT A SIGNIFICANT INCREASE IN THE OVERALL COST
   16  OF THE USE OF TRANSPORTATION SERVICES shall be established  and  changed
   17  only if approved by resolution of the authority adopted by not less than
   18  a  majority vote of the whole number of members of the authority then in
   19  office, with the chairman having one additional vote in the event  of  a
   20  tie vote, and only after a public hearing, provided however, that fares,
   21  tolls,  rentals,  rates, charges or other fees for the transportation of
   22  passengers on any transportation facility, THE PARKING  OF  VEHICLES  OR
   23  OTHER  SERVICES  which  are in effect at the time that the then owner of
   24  such transportation facility becomes a  subsidiary  corporation  of  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00685-01-3
       S. 861                              2
    1  authority  or at the time that operation of such transportation facility
    2  is commenced by the authority or is commenced under contract,  lease  or
    3  other  arrangement,  including  joint  service  arrangements,  with  the
    4  authority  may be continued in effect without such a hearing. ANY PUBLIC
    5  HEARINGS REQUIRED BY THIS SUBDIVISION SHALL BE HELD IN SUCH LOCATIONS IN
    6  THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT  AS  SHALL  AFFORD  AN
    7  OPPORTUNITY  TO  BE  HEARD  TO  SUCH  PERSON  AS  MAY BE AFFECTED BY THE
    8  PROPOSED CHARGES. Such fares, tolls, rentals, rates, charges  and  other
    9  fees  shall  be  established  as may in the judgment of the authority be
   10  necessary to maintain the combined operations of the authority  and  its
   11  subsidiary  corporations on a self-sustaining basis. The said operations
   12  shall be deemed to be on a self-sustaining basis  as  required  by  this
   13  title, when the authority is able to pay or cause to be paid from reven-
   14  ue  and  any other funds or property actually available to the authority
   15  and its subsidiary corporations (a) as the same shall  become  due,  the
   16  principal  of  and interest on the bonds and notes and other obligations
   17  of the authority and of such subsidiary corporations, together with  the
   18  maintenance  of  proper  reserves  therefor, (b) the cost and expense of
   19  keeping the properties and assets of the authority  and  its  subsidiary
   20  corporations in good condition and repair, and (c) the capital and oper-
   21  ating  expenses  of  the  authority and its subsidiary corporations. The
   22  authority may contract with the holders of bonds and notes with  respect
   23  to  the  exercise  of  the powers authorized by this section. No acts or
   24  activities taken or proposed to be taken by the authority or any subsid-
   25  iary of the authority pursuant to the  provisions  of  this  subdivision
   26  shall  be  deemed to be "actions" for the purposes or within the meaning
   27  of article eight of the environmental conservation law.
   28    S 2.  This act shall take effect on the thirtieth day after  it  shall
   29  have become a law.
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